Talkov Law’s attorneys serving Alameda County are exceptionally experienced in California partition actions and have conducted over 400 partitions for our satisfied clients. California partition actions provide a legal mechanism for co-owners of real property to divide the property among themselves. The partition statutes allow a co-owner to file a lawsuit in court to have the property divided, either physically or by sale. The court will then order the division of the property in a way that is fair and equitable to all parties. The partition statutes also provide that any proceeds from the sale of the property must be divided among the co-owners in proportion to their respective interests in the property.
Our team of partition attorneys can assist co-owners with frequently asked questions about partitions, such as:
- Who can file a partition action in California? Generally, any co-owner of real property can file a partition action.
- How does a partition action work in California?
- How much does a partition action cost? The cost of a partition action can vary widely depending on the complexity of the case. A typical partition action usually costs between $5,000 and $12,000, with about $8,000 being the most common cost. However, difficulty locating a defendant, the motion to appoint a partition referee, delay tactics by defendants, and other issues may raise the cost of your partition action. An experienced partition lawyer can mitigate costs and resolve your co-ownership dispute with maximum efficiency.
- What is recoverable in a partition action? In a suit for partition it is a general rule that all equities and conflicting claims existing between the parties and arising out of their relation to the property to be partitioned may be adjusted. Demetris v. Demetris (1954) 125 Cal. App. 2d 440. This means that co-owners can assert offsets or recover payments of the mortgage, taxes, insurance, repairs and improvements in excess of their fractional interests.
- What are the tax implications of a partition action? It is best to seek the advice of a tax attorney or CPA about tax issues. However, the most common tax issues in partitions, like other sales, can involve capital gains taxes and the potential partial or full reassessment of property taxes.
Pleasanton is a city located in the San Francisco Bay Area of California. Pleasanton is known for its excellent schools, safe neighborhoods, and vibrant downtown area. The city is home to many tech companies, including Oracle, Workday, and Kaiser Permanente. It is also home to the Alameda County Fairgrounds, which hosts the annual Alameda County Fair. Pleasanton is a great place to live, work, and play, with plenty of outdoor activities, shopping, and dining options.
Speak to Our Pleasanton Partition Attorneys Today
Call our Alameda County Partition Attorneys today to end your co-ownership dispute. You don’t pay until the house is sold!
Call us at (925) 999-7700 or contact us below to schedule a free, 15-minute consultation
In re Marriage of Leversee – Partition Action Case Study
In the legal case of In re Marriage of Leversee, 156 Cal.App.3d 891 (1984), the issue of partition arose when the parties were unable to agree on how to divide their jointly owned real property. The court was tasked with determining whether the property should be sold and the proceeds divided, or if the property should be partitioned and each party receive a portion of the property. The court found that the property should be partitioned, and the parties were ordered to divide the property in a manner that was equitable and just. The court also found that the parties should be given the opportunity to purchase the other partys interest in the property if they so desired.
Frequently Asked Questions About Partitions in Pleasanton
How Much Does a Partition Action Cost in Pleasanton?
The costs of a partition action—including attorney fees, court fees, appraiser fees, and other legal expenses—are typically around $20,000. While some cases may incur fees as low as $5,000 or exceed $20,000, depending on their complexity, these expenses are generally shared among the co-owners. The court may also adjust the distribution of these costs based on each party’s level of involvement or responsibility, ensuring a fairer allocation when needed.
Who Can File a Partition Action in Pleasanton?
A partition action can be filed by any co-owner of a property, excluding married couples who own it as community property. A majority ownership is not required to initiate a partition action. Common situations for partition actions include disputes among siblings inheriting property, former romantic partners, friends or family members who purchased property together, and divorced couples.
Who Pays for a Partition Action?
In Pleasanton, each party typically pays for their own attorney’s fees (known as the “American Rule”). However, California partition law allows for an exception to this rule, stating that “the court shall apportion the costs of partition among the parties in proportion to their interests or make such other apportionment as may be equitable.” California Code of Civil Procedure 874.040. Indeed, the court may award “reasonable attorney’s fees incurred or paid by a party for the common benefit.” California Code of Civil Procedure 874.010(a).
Can a Partition Action Be Stopped in Pleasanton?
Generally, a partition action cannot be stopped, but a defendant may be able to buy time to seek a resolution. Eventually, however, the plaintiff can generally force the sale of the property based on the absolute right to partition.
Contact our Team of Experienced Partition Lawyers Serving the City of Pleasanton, County of Alameda, California
Our Pleasanton partition litigation attorneys will work diligently to obtain a favorable outcome on your behalf, whether by negotiation or litigation. Talkov Law Partition Attorneys unlocks access to justice for co-owners by funding your case. For qualified cases, you pay no fees until we successfully partition your property by obtaining a sale on the market or to your co-owner! For a free consultation with California’s first and largest team of partition attorneys at Talkov Law, call (925) 999-7700 or contact us online today.
